|
From: | Hyman Rosen |
Subject: | Re: The GPL and Patents: ROFL |
Date: | Wed, 08 Dec 2010 16:00:07 -0000 |
User-agent: | Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.2.8) Gecko/20100802 Thunderbird/3.1.2 |
On 8/19/2010 3:07 PM, RJack wrote:
"17 USC ยง 102. Subject matter of copyright: In general. (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work." "In no case does copyright protection... extend to... *regardless of the form* in which it is described... or embodied in such work."
Notice how this anti-GPL crank elides the idea, procedure, etc. phrase with an ellipsis. Of course, without that elision, the copyright law says that protection extends to the work but not the idea, exactly the way it has always been construed. That's what the court says in Atari v. Nintendo <http://digital-law-online.info/cases/24PQ2D1015.htm> and it's what the court says in Apple v. Franklin <<http://scholar.google.com/scholar_case?case=10063204125696546680>.
[Prev in Thread] | Current Thread | [Next in Thread] |